International Law

Treaties in Motion: The Evolution of Treaties from Formation to Termination

Edited by Malgosia Fitzmaurice · Panos Merkouris
Cambridge University Press June 2020

Specifications

ISBN-13
9781108495882
Publisher
Cambridge University Press
Publication
June 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.

  • Tackles law of treaties from the angle of motion, enabling the reader to comprehend the evolution of the regime of treaty law, through State practice and international case-law
  • Supplements theory with up-to-date examples taken from recent case-law and State practice, making the theory accessible to readers by connecting theory with practical examples and shows how one influences the other
  • Shows the interconnectedness between different stages in the 'life-cycle' of a treaty and with other areas of law, demonstrating the complexity of law of treaty issues

Table of Contents

1. Introduction
2. Treaty genesis: concept of a treaty in international law, including its formation and motion
3. Consent to be bound: The force behind the motion of treaties
4. Treaty interpretation and its rules: of motion through time, 'Time-Will' and 'Time-Bubbles'
5. Amendment/Modification/Revision of treaties: motion as change
6. Treaties and their phthora: Withdrawing from and terminating/suspending treaties
7. Concluding remarks
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